My Mother and sister are concerned that if my mother(age90) passes away that the probate on her estate(all comprising a home will be very high) they have asked that my name go on the deed...I am fine with that...how do we proceed?...We've been told it is simple...Can I just become a 50% owner that simply?Greg

The rules of my law society do not allow me to call you as you are not my client. Would you like for me to continue by posting on this site or would you like for me to opt out and see if another expert is willing to call you?

It is not difficult for your mother to transfer title from herself to herself and yourself as joint tenants. That would avoid probate fees. However, because the house is not your mother's principle residence she will have to pay capital gains tax when she adds your name to the title. As well, she will have to pay land transfer tax. Later on when she dies, if you want to sell the tax, then both you and the estate will have to pay capital gains tax because this is not your principle residence either. For this reason it would make more sense to first consult with your mother's accountant before deciding which route to go as it could be that adding your name to the title could prove to be more expensive when taking into account the tax situation and legal fees, etc.

It is possible for her to claim the house as her principal residence. That way she would avoid capital gains tax now and the estate would as well when she dies. I am assuming the house is not being rented it. But that would not help your situation in terms of your being required to pay capital gains tax unless the house becomes your principal residence.

I will be able to help tomorrow or tonight but this isn't really a legal question any more. You know the law now and it's about the accountant looking at the actual numbers and the different scenarios.

if I sign onto deed do I pay capital gains now based on a 1965 price?...or a future sale with the increase (if any) from current market prices?..If my mother remains "away" from home in the care of my sister...will sale or her death spur capital gains?

There is a deemed disposition at fair market value at the time of your mother's death. But if this is her only residence then it is her principal residence so long as it is not income producing and there would not be any tax to pay. There is also a deemed disposition at fair market value if she transfers half the ownership to you. You are also deemed to have acquired it at fair market value so you only have a gain that would be the increase in value from the time you went on title.